29Nov85

United Nations Standard Minimum Rules for the Administration of Juvenile Justice("The Beijing
Rules")

Adopted by General Assembly resolution 40/33 of 29 November 1985

Part one
GENERAL PRINCIPLES

1. Fundamental perspectives

1.1 Member States shall seek, in conformity with their respective general interests, to further the
well-being of the juvenile and her or his family.

1.2 Member States shall endeavour to develop conditions that will ensure for the juvenile a
meaningful life in the community, which, during that period in life when she or he is most
susceptible to deviant behaviour, will foster a process of personal development and education that
is as free from crime and delinquency as possible.

1.3 Sufficient attention shall be given to positive measures that involve the full mobilization of all
possible resources, including the family, volunteers and other community groups, as well as schools
and other community institutions, for the purpose of promoting the well-being of the juvenile, with
a view to reducing the need for intervention under the law, and of effectively, fairly and humanely
dealing with the juvenile in conflict with the law.

1.4 Juvenile justice shall be conceived as an integral part of the national development process of each
country, within a comprehensive framework of social justice for all juveniles, thus, at the same time,
contributing to the protection of the young and the maintenance of a peaceful order in society.

1.5 These Rules shall be implemented in the context of economic, social and cultural conditions
prevailing in each Member State.

1.6 Juvenile justice services shall be systematically developed and coordinated with a view to
improving and sustaining the competence of personnel involved in the services, including their
methods, approaches and attitudes.

Commentary

These broad fundamental perspectives refer to comprehensive social policy in general and aim at
promoting juvenile welfare to the greatest possible extent, which will minimize the necessity of
intervention by the juvenile justice system, and in turn, will reduce the harm that may be caused by
any intervention. Such care measures for the young, before the onset of delinquency, are basic policy
requisites designed to obviate the need for the application of the Rules.

Rules 1.1 to 1.3 point to the important role that a constructive social policy for juveniles will play,
inter alia , in the prevention of juvenile crime and delinquency. Rule 1.4 defines juvenile justice as
an integral part of social justice for juveniles, while rule 1.6 refers to the necessity of constantly
improving juvenile justice, without falling behind the development of progressive social policy for
juveniles in general and bearing in mind the need for consistent improvement of staff services.

Rule 1.5 seeks to take account of existing conditions in Member States which would cause the
manner of implementation of particular rules necessarily to be different from the manner adopted
in other States.

2. Scope of the Rules and definitions used

2.1 The following Standard Minimum Rules shall be applied to juvenile offenders impartially,
without distinction of any kind, for example as to race, colour, sex, language, religion, political or
other opinions, national or social origin, property, birth or other status.

2.2 For purposes of these Rules, the following definitions shall be applied by Member States in a
manner which is compatible with their respective legal systems and concepts:

(a) A juvenile is a child or young person who, under the respective legal systems, may be
dealt with for an offence in a manner which is different from an adult;
(b) An offence is any behaviour (act or omission) that is punishable by law under the respective legal
systems;
(c) A juvenile offender is a child or young person who is alleged to have committed or who has been
found to have committed an offence.

2.3 Efforts shall be made to establish, in each national jurisdiction, a set of laws, rules and provisions
specifically applicable to juvenile offenders and institutions and bodies entrusted with the functions
of the administration of juvenile justice and designed:

(a) To meet the varying needs of juvenile offencers, while protecting their basic rigths;
(b) To meet the need of society;

To implement the following rules thoroughly and fairly.

Commentary

The Standard Minimum Rules are deliberately formulated so as to be applicable within different
legal systems and, at the same time, to set some minimum standards for the handling of juvenile
offenders under any definition of a juvenile and under any system of dealing with juvenile offenders.
The Rules are always to be applied impartially and without distinction of any kind.

Rule 2.1 therefore stresses the importance of the Rules always being applied impartially and without
distinction of any kind. The rule follows the formulation of principle 2 of the Declaration of the
Rights of the Child.

Rule 2.2 defines "juvenile" and "offence" as the components of the notion of the "juvenile offender",
who is the main subject of these Standard Minimum Rules (see, however, also rules 3 and 4). It
should be noted that age limits will depend on, and are explicitly made dependent on, each respective
legal system, thus fully respecting the economic, social, political, cultural and legal systems of
Member States. This makes for a wide variety of ages coming under the definition of "juvenile",
ranging from 7 years to 18 years or above. Such a variety seems inevitable in view of the different
national legal systems and does not diminish the impact of these Standard Minimum Rules.

Rule 2.3 is addressed to the necessity of specific national legislation for the optimal implementation
of these Standard Minimum Rules, both legally and practically.

3. Extension of the Rules

3.1 The relevant provisions of the Rules shall be applied not only to juvenile offenders but also to
juveniles who may be proceeded against for any specific behaviour that would not be punishable if
committed by an adult.

3.2 Efforts shall be made to extend the principles embodied in the Rules to all juveniles who are
dealt with in welfare and care proceedings.

3.3 Efforts shall also be made to extend the principles embodied in the Rules to young adult
offenders.

Commentary

Rule 3 extends the protection afforded by the Standard Minimum Rules for the Administration of
Juvenile Justice to cover:

(a) The so-called "status offences" prescribed in various national legal systems where the
range of behaviour considered to be an offence is wider for juveniles than it is for adults (for
example, truancy, school and family disobedience, public drunkenness, etc.) (rule 3.1);
(b) Juvenile welfare and care proceedings (rule 3.2);
(c) Proceedings dealing with young adult offenders, depending of course on each given age limit
(rule 3.3).

The extension of the Rules to cover these three areas seems to be justified. Rule 3.1 provides
minimum guarantees in those fields, and rule 3.2 is considered a desirable step in the direction of
more fair, equitable and humane justice for all juveniles in conflict with the law.

4 . Age of criminal responsibility

4.1 In those legal systems recognizing the concept of the age of criminal responsibility for juveniles,
the beginning of that age shall not be fixed at too low an age level, bearing in mind the facts of
emotional, mental and intellectual maturity.

Commentary

The minimum age of criminal responsibility differs widely owing to history and culture. The modern
approach would be to consider whether a child can live up to the moral and psychological
components of criminal responsibility; that is, whether a child, by virtue of her or his individual
discernment and understanding, can be held responsible for essentially antisocial behaviour. If the
age of criminal responsibility is fixed too low or if there is no lower age limit at all, the notion of
responsibility would become meaningless. In general, there is a close relationship between the notion
of responsibility for delinquent or criminal behaviour and other social rights and responsibilities
(such as marital status, civil majority, etc.).

Efforts should therefore be made to agree on a reasonable lowest age limit that is applicable
internationally.

5. Aims of juvenile justice

5. 1 The juvenile justice system shall emphasize the well-being of the juvenile and shall ensure that
any reaction to juvenile offenders shall always be in proportion to the circumstances of both the
offenders and the offence.

Commentary

Rule 5 refers to two of the most important objectives of juvenile justice. The first objective is the
promotion of the well-being of the juvenile. This is the main focus of those legal systems in which
juvenile offenders are dealt with by family courts or administrative authorities, but the well-being
of the juvenile should also be emphasized in legal systems that follow the criminal court model, thus
contributing to the avoidance of merely punitive sanctions. (See also rule 14.)

The second objective is "the principle of proportionality". This principle is well-known as an
instrument for curbing punitive sanctions, mostly expressed in terms of just deserts in relation to the
gravity of the offence. The response to young offenders should be based on the consideration not
only of the gravity of the offence but also of personal circumstances. The individual circumstances
of the offender (for example social status, family situation, the harm caused by the offence or other
factors affecting personal circumstances) should influence the proportionality of the reactions (for
example by having regard to the offender's endeavour to indemnify the victim or to her or his
willingness to turn to wholesome and useful life).

By the same token, reactions aiming to ensure the welfare of the young offender may go beyond
necessity and therefore infringe upon the fundamental rights of the young individual, as has been
observed in some juvenile justice systems. Here, too, the proportionality of the reaction to the
circumstances of both the offender and the offence, including the victim, should be safeguarded.

In essence, rule 5 calls for no less and no more than a fair reaction in any given cases of juvenile
delinquency and crime. The issues combined in the rule may help to stimulate development in both
regards: new and innovative types of reactions are as desirable as precautions against any undue
widening of the net of formal social control over juveniles.

6. Scope of discretion

6.1 In view of the varying special needs of juveniles as well as the variety of measures available,
appropriate scope for discretion shall be allowed at all stages of proceedings and at the different
levels of juvenile justice administration, including investigation, prosecution, adjudication and the
follow-up of dispositions.

6.2 Efforts shall be made, however, to ensure sufficient accountability at all stages and levels in the
exercise of any such discretion.

6.3 Those who exercise discretion shall be specially qualified or trained to exercise it judiciously and
in accordance with their functions and mandates.

Commentary

Rules 6.1, 6.2 and 6.3 combine several important features of effective, fair and humane juvenile
justice administration: the need to permit the exercise of discretionary power at all significant levels
of processing so that those who make determinations can take the actions deemed to be most
appropriate in each individual case; and the need to provide checks and balances in order to curb any
abuses of discretionary power and to safeguard the rights of the young offender. Accountability and
professionalism are instruments best apt to curb broad discretion. Thus, professional qualifications
and expert training are emphasized here as a valuable means of ensuring the judicious exercise of
discretion in matters of juvenile offenders. (See also rules 1.6 and 2.2.) The formulation of specific
guidelines on the exercise of discretion and the provision of systems of review, appeal and the like
in order to permit scrutiny of decisions and accountability are emphasized in this context. Such
mechanisms are not specified here, as they do not easily lend themselves to incorporation into
international standard minimum rules, which cannot possibly cover all differences in justice systems.

7 . Rights of juveniles

7.1 Basic procedural safeguards such as the presumption of innocence, the right to be notified of the
charges, the right to remain silent, the right to counsel, the right to the presence of a parent or
guardian, the right to confront and cross-examine witnesses and the right to appeal to a higher
authority shall be guaranteed at all stages of proceedings.

Commentary

Rule 7.1 emphasizes some important points that represent essential elements for a fair and just trial
and that are internationally recognized in existing human rights instruments (See also rule 14.). The
presumption of innocence, for instance, is also to be found in article 11 of the Universal Declaration
of Human rights and in article 14, paragraph 2, of the International Covenant on Civil and Political
Rights.

Rules 14 seq. of these Standard Minimum Rules specify issues that are important for proceedings
in juvenile cases, in particular, while rule 7.1 affirms the most basic procedural safeguards in a
general way.

8. Protection of privacy

8.1 The juvenile's right to privacy shall be respected at all stages in order to avoid harm being caused
to her or him by undue publicity or by the process of labelling.

8.2 In principle, no information that may lead to the identification of a juvenile offender shall be
published.

Commentary

Rule 8 stresses the importance of the protection of the juvenile's right to privacy. Young persons are
particularly susceptible to stigmatization. Criminological research into labelling processes has
provided evidence of the detrimental effects (of different kinds) resulting from the permanent
identification of young persons as "delinquent" or "criminal".

Rule 8 stresses the importance of protecting the juvenile from the adverse effects that may result
from the publication in the mass media of information about the case (for example the names of
young offenders, alleged or convicted). The interest of the individual should be protected and upheld,
at least in principle. (The general contents of rule 8 are further specified in rule 2 1.)

9. Saving clause

9.1 Nothing in these Rules shall be interpreted as precluding the application of the Standard
Minimum Rules for the Treatment of Prisoners adopted by the United Nations and other human
rights instruments and standards recognized by the international community that relate to the care
and protection of the young.

Commentary

Rule 9 is meant to avoid any misunderstanding in interpreting and implementing the present Rules
in conformity with principles contained in relevant existing or emerging international human rights
instruments and standards-such as the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and
Political Rights, and the Declaration of the Rights of the Child and the draft convention on the rights
of the child. It should be understood that the application of the present Rules is without prejudice to
any such international instruments which may contain provisions of wider application. (See also rule
27.)

Part two
INVESTIGATION AND PROSECUTION

10. Initial contact

10.1 Upon the apprehension of a juvenile, her or his parents or guardian shall be immediately
notified of such apprehension, and, where such immediate notification is not possible, the parents
or guardian shall be notified within the shortest possible time thereafter.

10.2 A judge or other competent official or body shall, without delay, consider the issue of release.

10.3 Contacts between the law enforcement agencies and a juvenile offender shall be managed in
such a way as to respect the legal status of the juvenile, promote the well-being of the juvenile and
avoid harm to her or hi m, with due regard to the circumstances of the case.

Commentary

Rule 10.1 is in principle contained in rule 92 of the Standard Minimum Rules for the Treatment of
Prisoners.

The question of release (rule 10.2) shall be considered without delay by a judge or other competent
official. The latter refers to any person or institution in the broadest sense of the term, including
community boards or police authorities having power to release an arrested person. (See also the
International Covenant on Civil and Political Rights, article 9, paragraph 3.)

Rule 10.3 deals with some fundamental aspects of the procedures and behaviour on the part of the
police and other law enforcement officials in cases of juvenile crime. To "avoid harm" admittedly
is flexible wording and covers many features of possible interaction (for example the use of harsh
language, physical violence or exposure to the environment). Involvement in juvenile justice
processes in itself can be "harmful" to juveniles; the term "avoid harm" should be broadly
interpreted, therefore, as doing the least harm possible to the juvenile in the first instance, as well
as any additional or undue harm. This is especially important in the initial contact with law
enforcement agencies, which might profoundly influence the juvenile's attitude towards the State and
society. Moreover, the success of any further intervention is largely dependent on such initial
contacts. Compassion and kind firmness are important in these situations.

11. Diversion

11.1 Consideration shall be given, wherever appropriate, to dealing with juvenile offenders without
resorting to formal trial by the competent authority, referred to in rule 14.1 below.

11.2 The police, the prosecution or other agencies dealing with juvenile cases shall be empowered
to dispose of such cases, at their discretion, without recourse to formal hearings, in accordance with
the criteria laid down for that purpose in the respective legal system and also in accordance with the
principles contained in these Rules.

11.3 Any diversion involving referral to appropriate community or other services shall require the
consent of the juvenile, or her or his parents or guardian, provided that such decision to refer a case
shall be subject to review by a competent authority, upon application.

11.4 In order to facilitate the discretionary disposition of juvenile cases, efforts shall be made to
provide for community programmes, such as temporary supervision and guidance, restitution, and
compensation of victims.

Commentary

Diversion, involving removal from criminal justice processing and, frequently, redirection to
community support services, is commonly practised on a formal and informal basis in many legal
systems. This practice serves to hinder the negative effects of subsequent proceedings in juvenile
justice administration (for example the stigma of conviction and sentence). In many cases,
non-intervention would be the best response. Thus, diversion at the outset and without referral to
alternative (social) services may be the optimal response. This is especially the case where the
offence is of a non-serious nature and where the family, the school or other informal social control
institutions have already reacted, or are likely to react, in an appropriate and constructive manner.

As stated in rule 11.2, diversion may be used at any point of decision-making-by the police, the
prosecution or other agencies such as the courts, tribunals, boards or councils. It may be exercised
by one authority or several or all authorities, according to the rules and policies of the respective
systems and in line with the present Rules. It need not necessarily be limited to petty cases, thus
rendering diversion an important instrument.

Rule 11.3 stresses the important requirement of securing the consent of the young offender (or the
parent or guardian) to the recommended diversionary measure(s). (Diversion to community service
without such consent would contradict the Abolition of Forced Labour Convention.) However, this
consent should not be left unchallengeable, since it might sometimes be given out of sheer
desperation on the part of the juvenile. The rule underlines that care should be taken to minimize the
potential for coercion and intimidation at all levels in the diversion process. Juveniles should not feel
pressured (for example in order to avoid court appearance) or be pressured into consenting to
diversion programmes. Thus, it is advocated that provision should be made for an objective appraisal
of the appropriateness of dispositions involving young offenders by a "competent authority upon
application". (The "competent authority," may be different from that referred to in rule 14.)

Rule 11.4 recommends the provision of viable alternatives to juvenile justice processing in the form
of community-based diversion. Programmes that involve settlement by victim restitution and those
that seek to avoid future conflict with the law through temporary supervision and guidance are
especially commended. The merits of individual cases would make diversion appropriate, even when
more serious offences have been committed (for example first offence, the act having been
committed under peer pressure, etc.).

12 . Specialization within the police

12.1 In order to best fulfil their functions, police officers who frequently or exclusively deal with
juveniles or who are primarily engaged in the prevention of juvenile crime shall be specially
instructed and trained. In large cities, special police units should be established for that purpose.

Commentary

Rule 12 draws attention to the need for specialized training for all law enforcement officials who are
involved in the administration of juvenile justice. As police are the first point of contact with the
juvenile justice system, it is most important that they act in an informed and appropriate manner.

While the relationship between urbanization and crime is clearly complex, an increase in juvenile
crime has been associated with the growth of large cities, particularly with rapid and unplanned
growth. Specialized police units would therefore be indispensable, not only in the interest of
implementing specific principles contained in the present instrument (such as rule 1.6) but more
generally for improving the prevention and control of juvenile crime and the handling of juvenile
offenders.

13 . Detention pending trial

13.1 Detention pending trial shall be used only as a measure of last resort and for the shortest
possible period of time.

13.2 Whenever possible, detention pending trial shall be replaced by alternative measures, such as
close supervision, intensive care or placement with a family or in an educational setting or .

13.3 Juveniles under detention pending trial shall be entitled to all rights and guarantees of the
Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations.

13.4 Juveniles under detention pending trial shall be kept separate from adults and shall be detained
in a separate institution or in a separate part of an institution also holding adults.

13.5 While in custody, juveniles shall receive care, protection and all necessary individual
assistance-social, educational, vocational, psychological, medical and physical-that they may require
in view of their age, sex and personality.

Commentary

The danger to juveniles of "criminal contamination" while in detention pending trial must not be
underestimated. It is therefore important to stress the need for alternative measures. By doing so, rule
13.1 encourages the devising of new and innovative measures to avoid such detention in the interest
of the well-being of the juvenile.

Juveniles under detention pending trial are entitled to all the rights and guarantees of the Standard
Minimum Rules for the Treatment of Prisoners as well as the International Covenant on Civil and
Political Rights, especially article 9 and article 10, paragraphs 2 ( b ) and 3.

Rule 13.4 does not prevent States from taking other measures against the negative influences of adult
offenders which are at least as effective as the measures mentioned in the rule.

Different forms of assistance that may become necessary have been enumerated to draw attention
to the broad range of particular needs of young detainees to be addressed (for example females or
males, drug addicts, alcoholics, mentally ill juveniles, young persons suffering from the trauma, for
example, of arrest, etc.).

Varying physical and psychological characteristics of young detainees may warrant classification
measures by which some are kept separate while in detention pending trial, thus contributing to the
avoidance of victimization and rendering more appropriate assistance.

The Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in
its resolution 4 on juvenile justice standards, specified that the Rules, inter alia , should reflect the
basic principle that pre-trial detention should be used only as a last resort, that no minors should be
held in a facility where they are vulnerable to the negative influences of adult detainees and that
account should always be taken of the needs particular to their stage of development.

Part three
ADJUDICATION AND DISPOSITION

14. Competent authority to adjudicate

14.1 Where the case of a juvenile offender has not been diverted (under rule 11), she or he shall be
dealt with by the competent authority (court, tribunal, board, council, etc.) according to the principles
of a fair and just trial.

14.2 The proceedings shall be conducive to the best interests of the juvenile and shall be conducted
in an atmosphere of understanding, which shall allow the juvenile to participate therein and to
express herself or himself freely.

Commentary

It is difficult to formulate a definition of the competent body or person that would universally
describe an adjudicating authority. "Competent authority" is meant to include those who preside over
courts or tribunals (composed of a single judge or of several members), including professional and
lay magistrates as well as administrative boards (for example the Scottish and Scandinavian systems)
or other more informal community and conflict resolution agencies of an adjudicatory nature.

The procedure for dealing with juvenile offenders shall in any case follow the minimum standards
that are applied almost universally for any criminal defendant under the procedure known as "due
process of law". In accordance with due process, a "fair and just trial" includes such basic safeguards
as the presumption of innocence, the presentation and examination of witnesses, the common legal
defences, the right to remain silent, the right to have the last word in a hearing, the right to appeal,
etc. (See also rule 7.1.)

15. Legal counsel, parents and guardians

15.1 Throughout the proceedings the juvenile shall have the right to be represented by a legal adviser
or to apply for free legal aid where there is provision for such aid in the country.

15.2 The parents or the guardian shall be entitled to participate in the proceedings and may be
required by the competent authority to attend them in the interest of the juvenile. They may,
however, be denied participation by the competent authority if there are reasons to assume that such
exclusion is necessary in the interest of the juvenile.

Commentary

Rule 15.1 uses terminology similar to that found in rule 93 of the Standard Minimum Rules for the
Treatment of Prisoners. Whereas legal counsel and free legal aid are needed to assure the juvenile
legal assistance, the right of the parents or guardian to participate as stated in rule 15.2 should be
viewed as general psychological and emotional assistance to the juvenile-a function extending
throughout the procedure.

The competent authority's search for an adequate disposition of the case may profit, in particular,
from the co-operation of the legal representatives of the juvenile (or, for that matter, some other
personal assistant who the juvenile can and does really trust). Such concern can be thwarted if the
presence of parents or guardians at the hearings plays a negative role, for instance, if they display a
hostile attitude towards the juvenile, hence, the possibility of their exclusion must be provided for.

16. Social inquiry reports

16.1 In all cases except those involving minor offences, before the competent authority renders a
final disposition prior to sentencing, the background and circumstances in which the juvenile is
living or the conditions under which the offence has been committed shall be properly investigated
so as to facilitate judicious adjudication of the case by the competent authority.

Commentary

Social inquiry reports (social reports or pre-sentence reports) are an indispensable aid in most legal
proceedings involving juveniles. The competent authority should be informed of relevant facts about
the juvenile, such as social and family background, school career, educational experiences, etc. For
this purpose, some jurisdictions use special social services or personnel attached to the court or
board. Other personnel, including probation officers, may serve the same function. The rule therefore
requires that adequate social services should be available to deliver social inquiry reports of a
qualified nature.

17. Guiding principles in adjudication and disposition

17.1 The disposition of the competent authority shall be guided by the following principles:

(a) The reaction taken shall always be in proportion not only to the circumstances and the
gravity of the offence but also to the circumstances and the needs of the juvenile as well as to the
needs of the society;
(b) Restrictions on the personal liberty of the juvenile shall be imposed only after careful
consideration and shall be limited to the possible minimum;
(c) Deprivation of personal liberty shall not be imposed unless the juvenile is adjudicated of a serious
act involving violence against another person or of persistence in committing other serious offences
and unless there is no other appropriate response;
(d) The well-being of the juvenile shall be the guiding factor in the consideration of her or his case.

17.2 Capital punishment shall not be imposed for any crime committed by juveniles.

17.3 Juveniles shall not be subject to corporal punishment.

17.4 The competent authority shall have the power to discontinue the proceedings at any time.

Commentary

The main difficulty in formulating guidelines for the adjudication of young persons stems from the
fact that there are unresolved conflicts of a philosophical nature, such as the following:

(a) Rehabilitation versus just desert;
(b) Assistance versus repression and punishment;
(c) Reaction according to the singular merits of an individual case versus reaction according to the
protection of society in general;
(d) General deterrence versus individual incapacitation.

The conflict between these approaches is more pronounced in juvenile cases than in adult cases.
With the variety of causes and reactions characterizing juvenile cases, these alternatives become
intricately interwoven.

It is not the function of the Standard Minimum Rules for the Administration of Juvenile Justice to
prescribe which approach is to be followed but rather to identify one that is most closely in
consonance with internationally accepted principles. Therefore the essential elements as laid down
in rule 17.1, in particular in subparagraphs (a) and (c), are mainly to be understood as practical
guidelines that should ensure a common starting point; if heeded by the concerned authorities (see
also rule 5), they could contribute considerably to ensuring that the fundamental rights of juvenile
offenders are protected, especially the fundamental rights of personal development and education.

Rule 17.1 ( b ) implies that strictly punitive approaches are not appropriate. Whereas in adult cases,
and possibly also in cases of severe offences by juveniles, just desert and retributive sanctions might
be considered to have some merit, in juvenile cases such considerations should always be
outweighed by the interest of safeguarding the well-being and the future of the young person.

In line with resolution 8 of the Sixth United Nations Congress, rule 17.1 ( b ) encourages the use of
alternatives to institutionalization to the maximum extent possible, bearing in mind the need to
respond to the specific requirements of the young. Thus, full use should be made of the range of
existing alternative sanctions and new alternative sanctions should be developed, bearing the public
safety in mind. Probation should be granted to the greatest possible extent via suspended sentences,
conditional sentences, board orders and other dispositions.

Rule 17.1 ( c ) corresponds to one of the guiding principles in resolution 4 of the Sixth Congress
which aims at avoiding incarceration in the case of juveniles unless there is no other appropriate
response that will protect the public safety.

The provision prohibiting capital punishment in rule 17.2 is in accordance with article 6, paragraph
5, of the International Covenant on Civil and Political Rights.

The provision against corporal punishment is in line with article 7 of the International Covenant on
Civil and Political Rights and the Declaration on the Protection of All Persons from Being Subjected
to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and
the draft convention on the rights of the child.

The power to discontinue the proceedings at any time (rule 17.4) is a characteristic inherent in the
handling of juvenile offenders as opposed to adults. At any time, circumstances may become known
to the competent authority which would make a complete cessation of the intervention appear to be
the best disposition of the case.

18. Various disposition measures

18.1 A large variety of disposition measures shall be made available to the competent authority,
allowing for flexibility so as to avoid institutionalization to the greatest extent possible. Such
measures, some of which may be combined, include:

(a) Care, guidance and supervision orders;
(b) Probation;
(c) Community service orders;
(d) Financial penalties, compensation and restitution;
(e) Intermediate treatment and other treatment orders;
(f) Orders to participate in group counselling and similar activities;
(g) Orders concerning foster care, living communities or other educational settings;
(h) Other relevant orders.

18.2 No juvenile shall be removed from parental supervision, whether partly or entirely, unless the
circumstances of her or his case make this necessary.

Commentary

Rule 18.1 attempts to enumerate some of the important reactions and sanctions that have been
practised and proved successful thus far, in different legal systems. On the whole they represent
promising opinions that deserve replication and further development. The rule does not enumerate
staffing requirements because of possible shortages of adequate staff in some regions; in those
regions measures requiring less staff may be tried or developed.

The examples given in rule 18.1 have in common, above all, a reliance on and an appeal to the
community for the effective implementation of alternative dispositions. Community-based correction
is a traditional measure that has taken on many aspects. On that basis, relevant authorities should be
encouraged to offer community-based services.

Rule 18.2 points to the importance of the family which, according to article 10, paragraph l, of the
International Covenant on Economic, Social and Cultural Rights, is "the natural and fundamental
group unit of society". Within the family, the parents have not only the right but also the
responsibility to care for and supervise their children. Rule 18.2, therefore, requires that the
separation of children from their parents is a measure of last resort. It may be resorted to only when
the facts of the case clearly warrant this grave step (for example child abuse).

19. Least possible use of institutionalization

19.1 The placement of a juvenile in an institution shall always be a disposition of last resort and for
the minimum necessary period.

Commentary

Progressive criminology advocates the use of non-institutional over institutional treatment. Little or
no difference has been found in terms of the success of institutionalization as compared to
non-institutionalization. The many adverse influences on an individual that seem unavoidable within
any institutional setting evidently cannot be outbalanced by treatment efforts. This is especially the
case for juveniles, who are vulnerable to negative influences. Moreover, the negative effects, not
only of loss of liberty but also of separation from the usual social environment, are certainly more
acute for juveniles than for adults because of their early stage of development.

Rule 19 aims at restricting institutionalization in two regards: in quantity ("last resort") and in time
("minimum necessary period"). Rule 19 reflects one of the basic guiding principles of resolution 4
of the Sixth United Nations Congress: a juvenile offender should not be incarcerated unless there
is no other appropriate response. The rule, therefore, makes the appeal that if a juvenile must be
institutionalized, the loss of liberty should be restricted to the least possible degree, with special
institutional arrangements for confinement and bearing in mind the differences in kinds of offenders,
offences and institutions. In fact, priority should be given to "open" over "closed" institutions.
Furthermore, any facility should be of a correctional or educational rather than of a prison type.

20. Avoidance of unnecessary delay

20.1 Each case shall from the outset be handled expeditiously, without any unnecessary delay.

Commentary

The speedy conduct of formal procedures in juvenile cases is a paramount concern. Otherwise
whatever good may be achieved by the procedure and the disposition is at risk. As time passes, the
juvenile will find it increasingly difficult, if not impossible, to relate the procedure and disposition
to the offence, both intellectually and psychologically.

21. Records

21.1 Records of juvenile offenders shall be kept strictly confidential and closed to third parties.
Access to such records shall be limited to persons directly concerned with the disposition of the case
at hand or other duly authorized persons.

21.2 Records of juvenile offenders shall not be used in adult proceedings in subsequent cases
involving the same offender.

Commentary

The rule attempts to achieve a balance between conflicting interests connected with records or files:
those of the police, prosecution and other authorities in improving control versus the interests of the
juvenile offender. (See also rule 8.) "Other duly authorized persons" would generally include, among
others, researchers.

22. Need for professionalism and training

22.1 Professional education, in-service training, refresher courses and other appropriate modes of
instruction shall be utilized to establish and maintain the necessary professional competence of all
personnel dealing with juvenile cases.

22.2 Juvenile justice personnel shall reflect the diversity of juveniles who come into contact with the
juvenile justice system. Efforts shall be made to ensure the fair representation of women and
minorities in juvenile justice agencies.

Commentary

The authorities competent for disposition may be persons with very different backgrounds
(magistrates in the United Kingdom of Great Britain and Northern Ireland and in regions influenced
by the common law system; legally trained judges in countries using Roman law and in regions
influenced by them; and elsewhere elected or appointed laymen or jurists, members of
community-based boards, etc.). For all these authorities, a minimum training in law, sociology,
psychology, criminology and behavioural sciences would be required. This is considered as
important as the organizational specialization and independence of the competent authority.

For social workers and probation officers, it might not be feasible to require professional
specialization as a prerequisite for taking over any function dealing with juvenile offenders. Thus,
professional on-the job instruction would be minimum qualifications.

Professional qualifications are an essential element in ensuring the impartial and effective
administration of juvenile justice. Accordingly, it is necessary to improve the recruitment,
advancement and professional training of personnel and to provide them with the necessary means
to enable them to properly fulfil their functions.

All political, social, sexual, racial, religious, cultural or any other kind of discrimination in the
selection, appointment and advancement of juvenile justice personnel should be avoided in order to
achieve impartiality in the administration of juvenile justice. This was recommended by the Sixth
Congress. Furthermore, the Sixth Congress called on Member States to ensure the fair and equal
treatment of women as criminal justice personnel and recommended that special measures should
be taken to recruit, train and facilitate the advancement of female personnel in juvenile justice
administration.

Part four
NON-INSTITUTIONAL TREATMENT

23. Effective implementation of disposition

23.1 Appropriate provisions shall be made for the implementation of orders of the competent
authority, as referred to in rule 14.1 above, by that authority itself or by some other authority as
circumstances may require.

23.2 Such provisions shall include the power to modify the orders as the competent authority may
deem necessary from time to time, provided that such modification shall be determined in
accordance with the principles contained in these Rules.

Commentary

Disposition in juvenile cases, more so than in adult cases, tends to influence the offender's life for
a long period of time. Thus, it is important that the competent authority or an independent body
(parole board, probation office, youth welfare institutions or others) with qualifications equal to
those of the competent authority that originally disposed of the case should monitor the
implementation of the disposition. In some countries, a juge de l'exécution des peines has been
installed for this purpose.

The composition, powers and functions of the authority must be flexible; they are described in
general terms in rule 23 in order to ensure wide acceptability.

24 . Provision of needed assistance

24.1 Efforts shall be made to provide juveniles, at all stages of the proceedings, with necessary
assistance such as lodging, education or vocational training, employment or any other assistance,
helpful and practical, in order to facilitate the rehabilitative process.

Commentary

The promotion of the well-being of the juvenile is of paramount consideration. Thus, rule 24
emphasizes the importance of providing requisite facilities, services and other necessary assistance
as may further the best interests of the juvenile throughout the rehabilitative process.

25. Mobilization of volunteers and other community services

25.1 Volunteers, voluntary organizations, local institutions and other community resources shall be
called upon to contribute effectively to the rehabilitation of the juvenile in a community setting and,
as far as possible, within the family unit.

Commentary

This rule reflects the need for a rehabilitative orientation of all work with juvenile offenders.
Co-operation with the community is indispensable if the directives of the competent authority are
to be carried out effectively. Volunteers and voluntary services, in particular, have proved to be
valuable resources but are at present underutilized. In some instances, the co-operation of
ex-offenders (including ex-addicts) can be of considerable assistance.

Rule 25 emanates from the principles laid down in rules 1.1 to 1.6 and follows the relevant
provisions of the International Covenant on Civil and Political Rights.

Part five
INSTITUTIONAL TREATMENT

26. Objectives of institutional treatment

26.1 The objective of training and treatment of juveniles placed in institutions is to provide care,
protection, education and vocational skills, with a view to assisting them to assume socially
constructive and productive roles in society.

26.2 Juveniles in institutions shall receive care, protection and all necessary assistance-social,
educational, vocational, psychological, medical and physical-that they may require because of their
age, sex, and personality and in the interest of their wholesome development .

26.3 Juveniles in institutions shall be kept separate from adults and shall be detained in a separate
institution or in a separate part of an institution also holding adults.

26.4 Young female offenders placed in an institution deserve special attention as to their personal
needs and problems. They shall by no means receive less care, protection, assistance, treatment and
training than young male offenders. Their fair treatment shall be ensured.

26.5 In the interest and well-being of the institutionalized juvenile, the parents or guardians shall
have a right of access.

26.6 Inter-ministerial and inter-departmental co-operation shall be fostered for the purpose of
providing adequate academic or, as appropriate, vocational training to institutionalized juveniles,
with a view to ensuring that they do no leave the institution at an educational disadvantage.

Commentary

The objectives of institutional treatment as stipulated in rules 26.1 and 26.2 would be acceptable to
any system and culture. However, they have not yet been attained everywhere, and much more has
to be done in this respect.

Medical and psychological assistance, in particular, are extremely important for institutionalized
drug addicts, violent and mentally ill young persons.

The avoidance of negative influences through adult offenders and the safeguarding of the well-being
of juveniles in an institutional setting, as stipulated in rule 26.3, are in line with one of the basic
guiding principles of the Rules, as set out by the Sixth Congress in its resolution 4. The rule does not
prevent States from taking other measures against the negative influences of adult offenders, which
are at least as effective as the measures mentioned in the rule. (See also rule 13.4.)

Rule 26.4 addresses the fact that female offenders normally receive less attention than their male
counterparts. as pointed out by the Sixth Congress. In particular, resolution 9 of the Sixth Congress
calls for the fair treatment of female offenders at every stage of criminal justice processes and for
special attention to their particular problems and needs while in custody. Moreover, this rule should
also be considered in the light of the Caracas Declaration of the Sixth Congress, which, inter alia ,
calls for equal treatment in criminal justice administration, and against the background of the
Declaration on the Elimination of Discrimination against Women and the Convention on the
Elimination of All Forms of Discrimination against Women.

The right of access (rule 26.5) follows from the provisions of rules 7.1, 10.1, 15.2 and 18.2.
Inter-ministerial and inter-departmental co-operation (rule 26.6) are of particular importance in the
interest of generally enhancing the quality of institutional treatment and training.

27. Application of the Standard Minimum Rules for the Treatment of Prisoners adopted by
the United Nations

27.1 The Standard Minimum Rules for the Treatment of Prisoners and related recommendations
shall be applicable as far as relevant to the treatment of juvenile offenders in institutions, including
those in detention pending adjudication.

27.2 Efforts shall be made to implement the relevant principles laid down in the Standard Minimum
Rules for the Treatment of Prisoners to the largest possible extent so as to meet the varying needs
of juveniles specific to their age, sex and personality.

Commentary

The Standard Minimum Rules for the Treatment of Prisoners were among the first instruments of
this kind to be promulgated by the United Nations. It is generally agreed that they have had a
world-wide impact. Although there are still countries where implementation is more an aspiration
than a fact, those Standard Minimum Rules continue to be an important influence in the humane and
equitable administration of correctional institutions.

Some essential protections covering juvenile offenders in institutions are contained in the Standard
Minimum Rules for the Treatment of Prisoners (accommodation, architecture, bedding, clothing,
complaints and requests, contact with the outside world, food, medical care, religious service,
separation of ages, staffing, work, etc.) as are provisions concerning punishment and discipline, and
restraint for dangerous offenders. It would not be appropriate to modify those Standard Minimum
Rules according to the particular characteristics of institutions for juvenile offenders within the scope
of the Standard Minimum Rules for the Administration of Juvenile Justice.

Rule 27 focuses on the necessary requirements for juveniles in institutions (rule 27.1) as well as on
the varying needs specific to their age, sex and personality (rule 27.2). Thus, the objectives and
content of the rule interrelate to the relevant provisions of the Standard Minimum Rules for the
Treatment of Prisoners.

28. Frequent and early recourse to conditional release

28.1 Conditional release from an institution shall be used by the appropriate authority to the greatest
possible extent, and shall be granted at the earliest possible time.

28.2 Juveniles released conditionally from an institution shall be assisted and supervised by an
appropriate authority and shall receive full support by the community.

Commentary

The power to order conditional release may rest with the competent authority, as mentioned in rule
14.1, or with some other authority. In view of this, it is adequate to refer here to the "appropriate"
rather than to the "competent" authority.

Circumstances permitting, conditional release shall be preferred to serving a full sentence. Upon
evidence of satisfactory progress towards rehabilitation, even offenders who had been deemed
dangerous at the time of their institutionalization can be conditionally released whenever feasible.
Like probation, such release may be conditional on the satisfactory fulfilment of the requirements
specified by the relevant authorities for a period of time established in the decision, for example
relating to "good behaviour" of the offender, attendance in community programmes, residence in
half-way houses, etc.

In the case of offenders conditionally released from an institution, assistance and supervision by a
probation or other officer (particularly where probation has not yet been adopted) should be provided
and community support should be encouraged.

29. Semi-institutional arrangements

29.1 Efforts shall be made to provide semi-institutional arrangements, such as half-way houses,
educational s, day-time training centres and other such appropriate arrangements that may assist
juveniles in their proper reintegration into society.

Commentary

The importance of care following a period of institutionalization should not be underestimated. This
rule emphasizes the necessity of forming a net of semi-institutional arrangements.

This rule also emphasizes the need for a diverse range of facilities and services designed to meet the
different needs of young offenders re-entering the community and to provide guidance and structural
support as an important step towards successful reintegration into society.

Part six
RESEARCH, PLANNING, POLICY FORMULATION AND EVALUATION

30. Research as a basis for planning, policy formulation and evaluation

30.1 Efforts shall be made to organize and promote necessary research as a basis for effective
planning and policy formulation.

30.2 Efforts shall be made to review and appraise periodically the trends, problems and causes of
juvenile delinquency and crime as well as the varying particular needs of juveniles in custody.

30.3 Efforts shall be made to establish a regular evaluative research mechanism built into the system
of juvenile justice administration and to collect and analyse relevant data and information for
appropriate assessment and future improvement and reform of the administration.

30.4 The delivery of services in juvenile justice administration shall be systematically planned and
implemented as an integral part of national development efforts.

Commentary

The utilization of research as a basis for an informed juvenile justice policy is widely acknowledged
as an important mechanism for keeping practices abreast of advances in knowledge and the
continuing development and improvement of the juvenile justice system. The mutual feedback
between research and policy is especially important in juvenile justice. With rapid and often drastic
changes in the life-styles of the young and in the forms and dimensions of juvenile crime, the societal
and justice responses to juvenile crime and delinquency quickly become outmoded and inadequate.

Rule 30 thus establishes standards for integrating research into the process of policy formulation and
application in juvenile justice administration. The rule draws particular attention to the need for
regular review and evaluation of existing programmes and measures and for planning within the
broader context of overall development objectives.

A constant appraisal of the needs of juveniles, as well as the trends and problems of delinquency,
is a prerequisite for improving the methods of formulating appropriate policies and establishing
adequate interventions, at both formal and informal levels. In this context, research by independent
persons and bodies should be facilitated by responsible agencies, and it may be valuable to obtain
and to take into account the views of juveniles themselves, not only those who come into contact
with the system.

The process of planning must particularly emphasize a more effective and equitable system for the
delivery of necessary services. Towards that end, there should be a comprehensive and regular
assessment of the wide-ranging, particular needs and problems of juveniles and an identification of
clear-cut priorities. In that connection, there should also be a co-ordination in the use of existing
resources, including alternatives and community support that would be suitable in setting up specific
procedures designed to implement and monitor established programmes.

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